Shelter Mutual Insurance Company v. Martin et al
| Shelter Mutual Insurance Company |
| Debra Martin and McClenny, Moseley & Associates, PLLC |
| 3:2023cv00466 |
| June 19, 2023 |
| US District Court for the Middle District of Louisiana |
| Shelly D Dick |
| Erin Wilder-Doomes |
| Insurance |
| 28 U.S.C. § 1335 Interpleader Action |
| None |
Docket Report
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This docket was last retrieved on August 10, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 26 Summons Submitted as to McClenny, Moseley & Associates (Bird, Jordan) Modified on 8/10/2023 to edit text (ELW). |
| Filing 25 SUMMONS Returned Executed by Shelter Mutual Insurance Company. McClenny, Moseley & Associates, PLLC served on 7/24/2023, answer due 8/14/2023. (Bird, Jordan) |
| Filing 24 SUMMONS Returned Executed by Shelter Mutual Insurance Company. Debra Martin served on 7/17/2023, answer due 8/7/2023. (Bird, Jordan) |
Filing 23
ORDER granting #22 MOTION to Substitute Document, filed by Plaintiff Shelter Mutual Insurance Company, which seeks to substitute the previously filed #17 affidavit of service for Defendant Debra Martin with a revised affidavit of service to include the proper judicial district on the affidavit's heading. The Clerk of Court is instructed to SUBSTITUTE the [22-2] Affidavit of Service for R. Doc. 17. Signed by Magistrate Judge Erin Wilder-Doomes on 07/14/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (EWD)
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| Filing 22 MOTION to Substitute Document #17 Affidavit of Service by Shelter Mutual Insurance Company (Attachments: #1 Proposed Pleading; Order, #2 Exhibit Corrected Affidavit of Service for Debra Martin)(Bird, Jordan) Modified on 7/14/2023 to add linkage to document 17. (JEG). |
| MOTION(S) REFERRED: #22 MOTION to Substitute Document 17 . This motion is now pending before the USMJ. (JEG) |
| Filing 21 Certificate of Interested Persons by Debra Martin identifying Affiliate/Interested Person Morris Bart, LLC for Debra Martin.. (Longwitz, William) (Main Document 21 replaced on 7/14/2023 to flatten document) (JEG). |
| Filing 20 ANSWER to #1 Complaint, by Debra Martin.(Longwitz, William) |
| Filing 19 Affidavit of Service by Shelter Mutual Insurance Company. (Bird, Jordan) Modified on 7/13/2023 to edit title of document and reflect correct event. (JEG). |
| Filing 18 Affidavit of Service by Shelter Mutual Insurance Company. McClenny, Moseley & Associates, PLLC served on 6/23/2023, answer due 7/14/2023. (Bird, Jordan) Modified on 7/13/2023 to edit title of document and reflect correct event. (JEG). |
| Filing 17 Affidavit of Service by Shelter Mutual Insurance Company. Debra Martin served on 6/22/2023, answer due 7/13/2023. (Bird, Jordan) Modified on 7/13/2023 to edit title of document and reflect correct event. (JEG). Modified on 7/17/2023 to replace document per Order #23 (LLH). |
| Filing 16 Summons Issued as to Debra Martin, McClenny, Moseley & Associates, PLLC. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (LLH) |
| Filing 15 AMENDED COMPLAINT against Debra Martin, McClenny, Moseley & Associates, PLLC, filed by Shelter Mutual Insurance Company.(LLH) |
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Filing 14
ORDER granting #13 Second Motion for Leave to File First Amended and Restated Complaint in Interpleader, filed by Plaintiff Shelter Mutual Insurance Company, which was filed in accordance with the Courts 12 Order. The proposed [13-2] Complaint in Interpleader adequately alleges that Defendant in Interpleader McClenny, Mosely, and Associates, LLC has two individual members who are Texas citizens and is thus diverse from Defendant in Interpleader Debra Martin, a Louisiana citizen, and that the $500 amount in controversy is met. Accordingly, the Clerk of Court is directed to docket the [13-2] Complaint in Interpleader into the record of this matter, which will become the operative Complaint in Interpleader. The Clerk of Court is further instructed to separately docket the [13-3 through 13-5] summonses. Signed by Magistrate Judge Erin Wilder-Doomes on 07/12/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (EWD)
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| Filing 13 Second Motion for Leave to File First Amended and Restated Complaint in Interpleader against All Defendants, filed by Shelter Mutual Insurance Company. (Attachments: #1 Attachment Order, #2 Proposed Pleading; Proposed Amended Complaint in Interpleader, #3 Attachment Summons to Debra Martin, #4 Attachment Summons to MMA through McClenny, #5 Attachment Summons to MMA through Moseley)(Bird, Jordan) Modified on 7/10/2023 to edit text. (EDC). |
| MOTION(S) REFERRED: #13 Second Motion for Leave to File First Amended and Restated Complaint in Interpleader. This motion is now pending before the USMJ. (EDC) |
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Filing 12
NOTICE AND ORDER: On June 23, 2023, Plaintiff Shelter Mutual Insurance Company was ordered to file a comprehensive amended complaint in interpleader that properly identifies the citizenship of the defendant claimants, Debra Martin and McClenny, Mosely, & Associates, PLLC ("MMA"). See R. Doc. 7. The proposed amended complaint in interpleader properly identifies the Louisiana domicile of Martin. R. Doc. 10-2, para. 3. However, the alleged citizenship of MMA, which is a limited liability company ("LLC"), is still unclear. As explained in the Court's 7 Order, the citizenship of an LLC is determined by that of its members. The proposed amended complaint in interpleader identifies the Texas domicile of MMAs two "officers," John Mosely and James McClenny. Accordingly, the #10 Motion to Amend is DENIED WITHOUT PREJUDICE to Shelter Mutual reurging a Motion to Amend that has attached a proposed amended complaint in interpleader, which properly identifies each member of MMA and their respective citizenship, by no later than July 12, 2023. Signed by Magistrate Judge Erin Wilder-Doomes on 7/5/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
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| MOTION(S) REFERRED: #10 MOTION for Leave to File First Amended #1 Complaint, in Interpleader. This motion is now pending before the USMJ. (JEG) |
| Filing 11 Summons Submitted as to #10 MOTION to Amend #1 Complaint, IN INTERPLEADER by Shelter Mutual Insurance Company. (Attachments: #1 Attachment Summons to McClenny, #2 Attachment Summons to Moseley)(Bird, Jordan) Modified on 6/27/2023 to edit title of document and reflect correct event. (JEG). |
| Filing 10 MOTION for Leave to File First Amended #1 Complaint, in Interpleader by Shelter Mutual Insurance Company (Attachments: #1 Proposed Pleading; Order, #2 Attachment Proposed Amended Complaint in Interpleader)(Bird, Jordan) Modified on 6/27/2023 to edit title of document. (JEG). |
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Filing 9
ORDER Vacating #8 SCHEDULING CONFERENCE ORDER. Signed by Magistrate Judge Erin Wilder-Doomes on 6/26/2026. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
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Filing 8
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 8/31/2023 at 01:30 PM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 8/17/2023. Signed by Magistrate Judge Erin Wilder-Doomes on 6/23/2023. (BLR)
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Filing 7
NOTICE AND ORDER: The #1 Complaint in Interpleader filed by Plaintiff Shelter Mutual Insurance Company asserts that the basis for jurisdiction in this case is statutory interpleader, 28 U.S.C. 1335, which requires "'minimal diversity,' that is, 'diversity of citizenship between two or more claimants, without regard to the circumstance that other rival claimants may be co-citizens,' and a $500 amount in controversy." Hartford Life & Accident Ins. Co. v. Varnado, 2016 WL 9525709 (M.D. La. Apr. 20, 2016) at *2. The Complaint adequately alleges that the amount in controversy exceeds $500; however, it fails to allege the citizenship of either claimant: Debra Martin or McClenny, Mosely, & Associates, PLLC. The citizenship of an individual, such as Martin, is determined by the individual's domicile. Allegations of an individual's residency are not sufficient. Mas v. Perry, 489 F.2d 1396, 1399 (5th Cir. 1974). The citizenship of a limited liability company is determined by the citizenship of all its members, each of which must be specifically identified. Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077, 1080 (5th Cir. 2008). Negative allegations of citizenship, i.e., "a citizen of a state other than Louisiana," are insufficient. Truxillo v. American Zurich Ins. Co., No. 16-369, 2016 WL 6987127, at *6 (M.D. La. Oct. 24, 2016). Accordingly, IT IS ORDERED that, by no later than June 30, 2023, Plaintiff Shelter Mutual Insurance Company shall file a motion for leave to file an amended Complaint in Interpleader that properly alleges the citizenship of all claimants, and that includes all of Shelter Mutual's numbered allegations, as revised, supplemented, and/or amended. Signed by Magistrate Judge Erin Wilder-Doomes on 6/23/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
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| Filing 6 Summons Issued as to Debra Martin, McClenny, Moseley & Associates, PLLC. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (JEG) |
| Filing 5 Letter to Attorney Jordan Brice Bird regarding Gregg A. Wilkes and David L. Wilkes who is Co-Counsel for the Plaintiff. Attorney is not admitted to practice in LAMD. (JEG) |
| Filing 4 MOTION to Deposit Funds by Shelter Mutual Insurance Company (Attachments: #1 Attachment Memorandum in Support of Motion to Deposit Funds, #2 Attachment Order for Deposit of Funds)(Bird, Jordan) |
| Filing 3 Corporate Disclosure Statement by Shelter Mutual Insurance Company. (Bird, Jordan) |
| Filing 2 Certificate of Interested Persons by Shelter Mutual Insurance Company identifying Affiliate/Interested Person Morris Bart, LLC, Affiliate/Interested Person McClenny, Moseley & Associates, PLLC, Affiliate/Interested Person Debra Martin for Shelter Mutual Insurance Company.. (Bird, Jordan) |
| Filing 1 COMPLAINT IN INTERPLEADER against All Defendants ( Filing fee $ 402 receipt number ALAMDC-2595806.), filed by Shelter Mutual Insurance Company. (Attachments: #1 Attachment Civil Cover Sheet, #2 Attachment Summons to Debra Martin, #3 Attachment Summons to MMA through James McClenny, #4 Attachment Summons to MMA through John Moseley)(Bird, Jordan) |
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